Prescribing and drugs and poisons law
General information only, not legal or regulatory advice; check the official NMBA page before applying.
Where the authority to prescribe comes from
The NMBA's Safety and quality guidelines for nurse practitioners say prescribing authority is conferred under the drugs and poisons legislation of the state or territory where the NP practises. The conditions and scope of that authority depend on each jurisdiction's law. They may range from a blanket authority limited by the NP's scope of practice, to an authority based on a formulary or protocol, or one tied to a specific context of practice.
NPs must work within the drugs and poisons legislation of their state or territory.
By state and territory
This table points to the official guidance for each jurisdiction. Read the source in full before you prescribe.
| Jurisdiction | What the official source says | Source |
|---|---|---|
| Victoria | NPs are authorised under the Drugs, Poisons and Controlled Substances Act 1981 to obtain, possess, use or supply scheduled poisons for the lawful practice of their profession. The page says NPs are authorised to prescribe and/or supply any Schedule 2, 3, 4 or 8 medicine. | Department of Health Victoria |
| New South Wales | From 5 November 2026, the Poisons and Therapeutic Goods Act and Regulation will be replaced by the Medicines, Poisons and Therapeutic Goods Act 2022 and the Medicines, Poisons and Therapeutic Goods Regulation 2026. NSW Health's factsheet explains what changes for NPs. | NSW Health |
| Queensland | Queensland Health's fact sheet says NPs may prescribe medicines for patients under their care where the NP has assessed the medicines to be reasonably necessary for the patient's therapeutic treatment. It refers to the Medicines and Poisons Act 2019 and the QScript monitoring requirements. | Queensland Health fact sheet (PDF) |
| Australian Capital Territory | The ACT Government says NPs can prescribe any S2, S3, S4 or S8 medicine within the scope of practice for their role, must follow the Controlled Medicines Prescribing Standards for controlled medicines, and cannot prescribe medicines listed in Appendix D of the Medicines, Poisons and Therapeutic Goods Regulation 2008. | ACT Government |
| South Australia | SA Health says NPs endorsed by the NMBA are able to prescribe, limited by the NP's scope of practice, MBS and PBS requirements, and the relevant hospital formulary or prescribing arrangements. | SA Health |
| Western Australia | WA Health guidance captured in the EndorseMe regulatory library (17 August 2026) says NPs may personally prescribe or supply a Schedule 4 medicine in line with their authority, and may prescribe Schedule 8 medicines in line with the Schedule 8 Medicines Prescribing Code, including prior written authorisation from the Department of Health. The WA Health web page could not be re-checked on 5 October 2026. | WA Department of Health |
| Tasmania | The Tasmanian Department of Health guideline in the EndorseMe regulatory library (captured 17 August 2026) says NPs in Tasmania must be authorised under section 25B of the Poisons Act 1971 to possess, prescribe and supply scheduled substances. The guideline could not be re-checked online on 5 October 2026. | Poisons Regulations 2018 (Tas) |
| Northern Territory | The principal law is the Medicines, Poisons and Therapeutic Goods Act 2012 (NT) and its 2014 Regulations. NT Health pages could not be re-checked online on 5 October 2026. | NT legislation (PDF) |
If you move or work across borders, check the law in each place you practise.
How EndorseMe helps
- The NP information hub (open in EndorseMe) collects MBS, PBS and professional resources, including a Medications tab for PBS prescribing resources.
- In the Sim, feedback may include Scope and law notes. These are prompts for practice, not legal advice, and do not replace your jurisdiction's law.
Official sources
- NMBA: Safety and quality guidelines for nurse practitioners (section 13)
- The jurisdiction links in the table above.